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(영문) 대전지방법원 논산지원 2018.10.24 2018가합2158
위약금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On December 7, 2017, the Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) between Defendant B and Defendant B.

) Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant D Co., Ltd., and Defendant C and Defendant D, collectively named “Defendant D” and “Defendant D,” respectively.

(2) Around December 2017, the Plaintiff entered into a transfer contract with Defendant B (hereinafter “instant transfer contract”) with the following content, on the basis of the statement of financial position as of November 30, 2017, on which the Defendant Company acquired management rights, etc. based on the statement of financial position as of November 30, 2017, and the Plaintiff may conduct a basic demonstration to identify the Defendant Company’s assets and liabilities, and Defendant B entered into a basic agreement to fully cooperate with the Plaintiff by providing the Plaintiff with all of the books, slips, documentary evidence, and relevant documents.

Article 1 (Subject Matter of Sales Contract)

1. All rights and duties incidental to the management and right of the defendant company;

2. Stocks issued by the defendant company;

3. Tangible assets owned by the Defendant Company and its investments in D at the time of business licenses and transfer or takeover contracts owned by the Defendant Company B;

4. Business license and license matters owned by the defendant B and the defendant company;

5. The sales contract under Article 2 (Standards for Sales Contracts) of the previous 958 square meters in Chungcheongnam-gun E shall be based on the statement of accounts of a lottery set presented by the Defendant Company’s tax agent on December 21, 2017.

Provided, That the defendant B shall be subject to the repayment of 100% of the loans and purchase obligations of the defendant Company present.

Article 3 (Sales Price)

1. The purchase price of Defendant Company’s managerial stocks shall be KRW 5,650,000.

The retirement allowances for employees at the time of transfer from the above purchase price and the advance payment deposited in a ship without release of ready-mixed and asphalt shall be deducted from the purchase price, and this shall apply.

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